Veterans Disability Case Techniques To Simplify Your Daily Life Vetera…
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veterans disability lawyers Disability Litigation
Ken assists veterans to get the disability benefits they deserve. He also represents clients at VA Board of Veterans Appeals hearings.
According to a lawsuit filed by the Yale Law School Veterans Legal Services Clinic this week, the Department of Veterans Affairs discriminated for decades against Black veterans, disproportionately refusing their disability claims.
What is what is VA disability?
The amount of monthly monetary compensation that veterans receive for service-related disabilities is based on their disability rating. The rating is based on the severity of the injury or illness and can be as low as 0% and up to 100% in increments of 10 percent (e.g. 20%, 20 percent, 30%, etc.). The compensation is not subject to tax and provides a basic source of income to the disabled veteran and his family.
VA offers additional compensation through other programs, including individual unemployment, clothing allowances prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. These are in addition to the regular disability compensation.
The Social Security Administration also gives veterans special credits they can utilize to increase their earnings over time to be eligible for disability or retirement benefits. These extra credits are called "credit for service."
A majority of the conditions that allow an individual for disability compensation are described in the Code of Federal Regulations. However, some of these circumstances require an expert's opinion. A seasoned veteran attorney can assist a customer in obtaining this opinion, and provide the necessary evidence to support a claim of disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are committed to helping our clients obtain the disability benefits they are entitled to. We have handled hundreds of disabilities cases and are skilled in the complexities of VA law and procedure. Our firm was established in 1996 by a disabled vet who was able to successfully represent himself at an appeals hearing before the Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights the top priority in his practice.
How do I submit a claim?
The first step is to find the medical evidence that supports their impairment. This includes Xrays, doctor's reports, or other documents related to their medical condition. Giving these records to VA is vital. If a veteran does not have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).
The next step is to fill out an intent to file. This form allows the VA to review your claim before you have the proper information and medical records. It also ensures that you have an date of eligibility for compensation benefits if you win your case.
The VA will schedule your medical exam after all the information has been received. This will depend on the type and number of disability you claim. Make sure you attend the exam, since should you miss it, it could delay your claim.
Once the tests are complete after which after the examinations are completed, VA will examine the evidence and then send you a decision-making packet. If the VA denies your claim you have one year from the date of the letter to request a higher-level review.
A lawyer can help you at this point. Lawyers who are accredited by VA can now be involved in the appeals right from the beginning, which is a huge benefit for those seeking disability benefits.
How do I appeal a denial?
A denial of veterans disability benefits can be a frustrating experience. The VA has an appeals process to appeal these decisions. The first step is to submit a Notice to Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice Of Disagreement, you have to explain to the VA why you were dissatisfied with their decision. You don't have to list all of the reasons however, you must mention all the points you disagree with.
It's also important to request your C-file (claims file) so you can see the evidence that the VA used in making their decision. There are usually documents that are not complete or have been deleted. This could lead to a mistake in the rating.
When you submit your NOD, you will be asked to decide if you would like your case to be reviewed by the Board of Veterans Appeals or a Decision Review officer. In general, you will have a better chance of success when you opt for a DRO review than with the BVA.
With the DRO review you can request an individual hearing before a senior rating specialist. The DRO will examine your claim "de novo", meaning that they will not defer to the previous decision. This typically results in an entirely new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the most time lengthy appeals procedure and typically can take between one and three years to receive a new decision.
How much does an attorney charge?
A lawyer can charge a fee to help you appeal a VA disability decision. But, current law prohibits lawyers from charging fees for assistance in a claim. The fee is only payable when the lawyer wins your case or increases your benefits via an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.
Veterans can use the VA's database of accredited attorneys or claim agents to find accredited representatives. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members or their dependents on a range of issues including disability compensation and pension claims.
Most disability advocates for veterans are paid on a contingent basis. This means that they will only be paid if they win the client's appeal and are awarded back payment from the VA. The amount of back pay that is paid varies, but may be as much as 20 percent of the claimant's total benefits.
In rare cases lawyers or agents could decide to charge an hourly rate. This is not common due to two reasons. First, these situations tend to be time-consuming and can last for months or even years. Additionally, many veterans and their families are unable to afford to pay for these services on an hourly basis.
Ken assists veterans to get the disability benefits they deserve. He also represents clients at VA Board of Veterans Appeals hearings.
According to a lawsuit filed by the Yale Law School Veterans Legal Services Clinic this week, the Department of Veterans Affairs discriminated for decades against Black veterans, disproportionately refusing their disability claims.
What is what is VA disability?
The amount of monthly monetary compensation that veterans receive for service-related disabilities is based on their disability rating. The rating is based on the severity of the injury or illness and can be as low as 0% and up to 100% in increments of 10 percent (e.g. 20%, 20 percent, 30%, etc.). The compensation is not subject to tax and provides a basic source of income to the disabled veteran and his family.
VA offers additional compensation through other programs, including individual unemployment, clothing allowances prestabilization and hospitalization allowances for automobiles, and hospitalization allowances. These are in addition to the regular disability compensation.
The Social Security Administration also gives veterans special credits they can utilize to increase their earnings over time to be eligible for disability or retirement benefits. These extra credits are called "credit for service."
A majority of the conditions that allow an individual for disability compensation are described in the Code of Federal Regulations. However, some of these circumstances require an expert's opinion. A seasoned veteran attorney can assist a customer in obtaining this opinion, and provide the necessary evidence to support a claim of disability compensation.
Sullivan & Kehoe has extensive experience in representing veterans in appeals and claims for disability. We are committed to helping our clients obtain the disability benefits they are entitled to. We have handled hundreds of disabilities cases and are skilled in the complexities of VA law and procedure. Our firm was established in 1996 by a disabled vet who was able to successfully represent himself at an appeals hearing before the Board of Veterans Appeals Hearing in 1996, decided to make veterans' rights the top priority in his practice.
How do I submit a claim?
The first step is to find the medical evidence that supports their impairment. This includes Xrays, doctor's reports, or other documents related to their medical condition. Giving these records to VA is vital. If a veteran does not have these documents, they must be given to the VA by the claimant or their VSO (veteran service organization).
The next step is to fill out an intent to file. This form allows the VA to review your claim before you have the proper information and medical records. It also ensures that you have an date of eligibility for compensation benefits if you win your case.
The VA will schedule your medical exam after all the information has been received. This will depend on the type and number of disability you claim. Make sure you attend the exam, since should you miss it, it could delay your claim.
Once the tests are complete after which after the examinations are completed, VA will examine the evidence and then send you a decision-making packet. If the VA denies your claim you have one year from the date of the letter to request a higher-level review.
A lawyer can help you at this point. Lawyers who are accredited by VA can now be involved in the appeals right from the beginning, which is a huge benefit for those seeking disability benefits.
How do I appeal a denial?
A denial of veterans disability benefits can be a frustrating experience. The VA has an appeals process to appeal these decisions. The first step is to submit a Notice to Disagreement with the VA regional office that has sent you the Rating Decision. In your Notice Of Disagreement, you have to explain to the VA why you were dissatisfied with their decision. You don't have to list all of the reasons however, you must mention all the points you disagree with.
It's also important to request your C-file (claims file) so you can see the evidence that the VA used in making their decision. There are usually documents that are not complete or have been deleted. This could lead to a mistake in the rating.
When you submit your NOD, you will be asked to decide if you would like your case to be reviewed by the Board of Veterans Appeals or a Decision Review officer. In general, you will have a better chance of success when you opt for a DRO review than with the BVA.
With the DRO review you can request an individual hearing before a senior rating specialist. The DRO will examine your claim "de novo", meaning that they will not defer to the previous decision. This typically results in an entirely new Rating Decision. Alternately, you can opt to review your claim with the BVA in Washington. This is the most time lengthy appeals procedure and typically can take between one and three years to receive a new decision.
How much does an attorney charge?
A lawyer can charge a fee to help you appeal a VA disability decision. But, current law prohibits lawyers from charging fees for assistance in a claim. The fee is only payable when the lawyer wins your case or increases your benefits via an appeal. These fees are usually paid directly from any lump-sum payment you receive from the VA.
Veterans can use the VA's database of accredited attorneys or claim agents to find accredited representatives. These people have been accredited by the Department of Veterans Affairs to represent veterans, service members or their dependents on a range of issues including disability compensation and pension claims.
Most disability advocates for veterans are paid on a contingent basis. This means that they will only be paid if they win the client's appeal and are awarded back payment from the VA. The amount of back pay that is paid varies, but may be as much as 20 percent of the claimant's total benefits.
In rare cases lawyers or agents could decide to charge an hourly rate. This is not common due to two reasons. First, these situations tend to be time-consuming and can last for months or even years. Additionally, many veterans and their families are unable to afford to pay for these services on an hourly basis.
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